CHAPTER VI.

THE FIRST TERRITORIAL LEGISLATURE (Con

tinued).

HOWELL CODE FIGHT OVER LOCATION OF CAPITAL-REPORT ON NAVIGATION OF COLORADO RIVER-RESOLUTIONS INSTRUCTING DELEGATE POSTON TO SECURE FROM CONGRESS ARMS AND MAIL ROUTES FOR ARIZONA-APPROPRIATIONS FOR SCHOOLS-ONLY MEASURE VETOED BY GOVERNOR GOODWIN-GOVERNOR GOODWIN'S FAREWELL MESSAGE TO THE LEGISLATURE— FAREWELL SPEECH OF W. CLAUDE JONES, SPEAKER-RÉSUMÉ OF ACTS PASSED SEAL OF TERRITORY-APPROPRIATION BILL-MEMORIALS TO CONGRESS.

The first act passed by the Legislature, and approved October 1st, empowered the Governor to appoint a commissioner to prepare and report a code of laws for the use and consideration of the Legislature of the Territory. In accordance with this act Judge William T. Howell was appointed such commissioner, and submitted what is known as the "Howell Code," to the Legislature on October 3rd, and this code, after much debate and some amendments, was adopted as the code of laws for the Territory of Arizona, and remained as such until the laws of the territory were codified in the session of the Legislature of 1877, thirteen years afterwards.

Jose M. Redondo, who was elected to the Council from the Second District, resigned his position on the 10th day of October on the ground that he was ineligible to the office at the time of his election. The vacancy caused by his resig

nation was not filled. Afterwards Mr. Redondo perfected his citizenship and became one of the permanent citizens of what is now Yuma, where many of his descendants still live.

On October 16th, Henry D. Jackson, a member of the lower house, died in Prescott, and the Council and the House adjourned on the 17th in order to attend the funeral.

The location of the Capital of Arizona having been made by the Governor, could, of course, be changed by the Legislature, and this was attempted by amending House Bill No. 56, locating the Capital at Prescott, which was up for consideration in the House on the 24th of October, when "Mr. Hopkins moved to amend by striking out the word 'Prescott,' and the words 'situated on the east bank of Granite Creek' and the words which follow thereafter, and which refer exclusively to the city of Prescott, in section 1, and insert instead 'La Paz,' and thereupon the yeas and nays were demanded, with the following result: Yeas-Appel, Capron, Elias, Harte, Higgins, Hopkins, Stickney and Mr. Speaker-8. Nays-Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Tuttle and Walter-9. So the amendment was lost.

"Mr. Tuttle in the chair.

"Mr. Speaker moved to amend by striking out in the first section the words 'Prescott, situated on the east bank of Granite Creek, about one mile above and in a southwesterly direction from the present location of the United States military post, known as Fort Whipple, in said Territory of Arizona,' and insert instead 'Walnut Grove, on the Lower Hassayampa, in the Third District of said Territory,' upon which the yeas and nays

were demanded, and had with the following result: Yeas-Appel, Capron, Elias, Harte, Higgins, Hopkins, Stickney and Mr. Speaker-8. Nays-Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Tuttle and Walter-9. So the amendment was lost.

"Mr. Speaker moved to amend by striking out all of the first section after and including the word 'Prescott,' and insert 'at a point within ten miles of the junction of the Rio Verde with the Rio Salado, in the Third District in said Territory, the location of said permanent seat of government to be fixed by the Governor of said Territory, and two commissioners, to be appointed by the present Legislature, at a point not more than ten miles from the junction of said streams, and that said permanent seat of government shall be called Aztlan,' upon which the yeas and nays were demanded, and had with the following result: Yeas-Appel, Capron, Elias, Harte, Higgins, Hopkins, and Mr. Speaker-7. Nays-Bouchet, Bidwell, Boggs, Garvin, Giles, Holaday, McCrackin, Stickney, Tuttle and Walter-10. So the amendment was lost."

This was the commencement of the fight to remove the capital from Prescott, which will be shown as this history progresses to have been a bone of contention for many years thereafter, in fact, until it was permanently located at Phoenix.

On the 25th day of October, a select committee of five in the council, to whom was referred that portion of the Governor's message relative to the Colorado River, made the following report:

"The Colorado River is navigable at all stages of water to El Dorado Canyon (a distance from

its mouth of about five hundred miles), for steamers of a draught not exceeding twenty-five inches; and at a medium stage of water, boats have run up to Black Canyon. Owing to the sandy and changeable nature of the channel and banks of the river below Fort Mojave, it is the opinion of your committee that but little good can be done by the expenditure of money for improvements upon the same, as they must be temporary in their character. A small amount of money, however, can be advantageously expended in removing snags and other obstructions out of the channel below Fort Mojave. Above that point the general character of the river changes in many places; large boulders render the navigation difficult and dangerous at all times, and it is of the greatest importance that these obstructions should at once be removed, as there is sufficient water at all seasons for such boats as run on the lower river. The expedition sent out by General Connor, commanding the Department of Utah, the past summer, to open a wagon road from Great Salt Lake City to Fort Mojave, reported that a good wagon road exists from Great Salt Lake City to the mouth of the Rio Virgin. Could the Colorado be made navigable to the junction of the Virgin, which is only three hundred and fifty miles from Great Salt Lake City, the citizens of Utah and of the Northern portion of this Territory, could obtain their supplies and ship their produce and ores at a reduction of one hundred per cent, from the present rates of transportation. Your committee would recommend that the Congress of the United States be memorialized for an appropriation of one hundred and fifty thousand dollars to

be expended as follows: Fifty thousand dollars to be expended on the river between Fort Mojave and Fort Yuma; also one hundred thousand to be expended in improving the river about Fort Mojave. There are at present steamers plying upon the Colorado River, carrying freight and passengers, and connecting with San Francisco by sail vessels from the mouth of the river, and to make the extent of the traffic and the necessity of improving the navigation of the Colorado River known, we herewith submit a statement of the capacity and tonnage of the boats now plying and in process of construction for the river trade. The Colorado Steam Navigation Company, incorporated in San Francisco, capital stock five hundred thousand dollars, have the following boats: The steamer Colorado, 60 tons burthen; Mojave, 100 tons burthen; Cocopah, 40 tons burthen, and several barges capable of carrying one hundred tons each. Their place of business and office is at Fort Yuma in the State of California. The Arizona and Miners Steam Navigation Company have one steamer, the Esmeralda, now plying on the river with two barges. The Esmeralda is fifty tons burthen, and capable of towing a barge of 100 tons. There is another steamer building at the mouth of the river for the same company, which is a joint stock company, with no incorporation, place of business not known to the committee. The Philadelphia Mining Company have a steamer on the river called the Mina Tilden, and another one in course of construction in San Francisco. Their mines are situated on the California side of the Colorado River, and their place of business unknown to the committee. In view of the amount of capital.